Disbrow v. Driggs

Hoffman, Justice.

' The agreement of the plaintiff and his attorney, made upon the application of the defendant as well as his attorney, that the defendant have further time to answer, there being no notice of appearance given nor any other step taken on the part of the defendant, is not the entering of an appearance, so as to preclude the application to remove the cause, under the act of Congress. (5 Duer, 605 ; 3 Duer, 686.)

2, It is settled in our state, that a notice of retainer given by an attorney for the defendant, does not prevent the application. (Cases cited, ibid.)

3. The state court…